[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7719 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7719
To provide for the removal of abandoned vessels, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 19, 2024
Mr. Garamendi introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committees on Armed Services, and Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide for the removal of abandoned vessels, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abandoned and Derelict Vessel
Removal Act of 2024''.
SEC. 2. ABANDONED AND DERELICT VESSELS.
(a) In General.--Chapter 47 of title 46, United States Code, is
amended--
(1) in the chapter heading by striking ``BARGES'' and
inserting ``VESSELS'';
(2) by inserting before section 4701 the following:
``SUBCHAPTER I--BARGES'';
and
(3) by adding at the end the following:
``SUBCHAPTER II--NON-BARGE VESSELS
``Sec. 4710. Definitions
``In this subchapter:
``(1) Abandon.--The term `abandon' means to moor, strand,
wreck, sink, or leave a covered vessel unattended for longer
than 45 days.
``(2) Covered vessel.--The term `covered vessel' means a
vessel that is not a barge to which subchapter I applies.
``(3) Indian tribe.--The term `Indian Tribe' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``Sec. 4711. Abandonment of vessels prohibited
``(a) In General.--An owner or operator of a covered vessel may not
abandon such vessel on the navigable waters of the United States.
``(b) Determination of Abandonment.--
``(1) Notification.--
``(A) In general.--With respect to a covered vessel
that appears to be abandoned, the Commandant of the
Coast Guard shall--
``(i) attempt to identify the owner using
the vessel registration number, hull
identification number, or any other information
that can be reasonably inferred or gathered;
and
``(ii) notify such owner--
``(I) of the penalty described in
subsection (c); and
``(II) that the vessel will be
removed at the expense of the owner if
the Commandant determines that the
vessel is abandoned and the owner does
not remove or account for the vessel.
``(B) Form.--The Commandant shall provide the
notice required under subparagraph (A)--
``(i) if the owner can be identified, via
certified mail or other appropriate forms
determined by the Commandant; or
``(ii) if the owner cannot be identified,
via an announcement in a local publication and
on a website maintained by the Coast Guard.
``(2) Determination.--The Commandant shall make a
determination not earlier than 45 days after the date on which
the Commandant provides the notification required under
paragraph (1) of whether a covered vessel described in such
paragraph is abandoned.
``(c) Penalty.--
``(1) In general.--The Commandant may assess a civil
penalty of not more than $500 against an owner or operator of a
covered vessel determined to be abandoned under subsection (b)
for a violation of subsection (a).
``(2) Liability in rem.--The owner or operator of a covered
vessel shall also be liable in rem for a penalty imposed under
paragraph (1).
``(d) Vessels Not Abandoned.--The Commandant may not determine that
a covered vessel is abandoned under this section if--
``(1) such vessel is located at a federally approved or
State approved mooring area or anchorage;
``(2) such vessel is located on private property with the
permission of the owner of such property;
``(3) the owner or operator of such vessel provides a
notification to the Commandant that--
``(A) indicates the location of the vessel;
``(B) indicates that the vessel is not abandoned;
and
``(C) contains documentation proving that the
vessel is allowed to be in such location; or
``(4) the Commandant determines that such an abandonment
determination would not be in the public interest.
``Sec. 4712. Inventory of abandoned vessels
``(a) In General.--Not later than 1 year after the date of
enactment of this section, the Commandant, in consultation with the
Administrator of the National Oceanic and Atmospheric Administration
and relevant State agencies, shall establish and maintain a national
inventory of covered vessels that are abandoned.
``(b) Contents.--The inventory established and maintained under
subsection (a) shall include data on each vessel, including geographic
information system data related to the location of each such vessel.
``(c) Publication.--The Commandant shall make the inventory
established under subsection (a) publicly available on a website of the
Coast Guard.
``(d) Reporting of Potentially Abandoned Vessels.--In carrying out
this section, the Commandant shall develop a process by which--
``(1) a State, Indian Tribe, or person may report a covered
vessel that may be abandoned to the Commandant for potential
inclusion in the inventory established under subsection (a);
and
``(2) the Commandant shall review any such report and add
such vessel to the inventory if the Commandant determines that
the reported vessel is abandoned pursuant to section 4711.''.
(b) Rulemaking.--The Secretary of the department in which the Coast
Guard is operating, in consultation with the Secretary of the Army,
acting through the Chief of Engineers, and the Secretary of Commerce,
acting through the Under Secretary for Oceans and Atmosphere, shall
issue regulations with respect to the procedures for determining that a
vessel is abandoned for the purposes of subchapter II of chapter 47 of
title 46, United States Code (as added by this section).
(c) Conforming Amendments.--Chapter 47 of title 46, United States
Code, is amended--
(1) in section 4701--
(A) in the matter preceding paragraph (1) by
striking ``chapter'' and inserting ``subchapter''; and
(B) in paragraph (2) by striking ``chapter'' and
inserting ``subchapter'';
(2) in section 4703 by striking ``chapter'' and inserting
``subchapter'';
(3) in section 4704 by striking ``chapter'' each place it
appears and inserting ``subchapter''; and
(4) in section 4705 by striking ``chapter'' and inserting
``subchapter''.
(d) Clerical Amendments.--The analysis for chapter 47 of title 46,
United States Code, is amended--
(1) by inserting before the item relating to section 4701
the following:
``subchapter i--barges'';
and
(2) by adding at the end the following:
``subchapter ii--vessels
``4710. Definitions.
``4711. Abandonment of vessels prohibited.
``4712. Inventory of abandoned vessels.''.
SEC. 3. OIL AND HAZARDOUS SUBSTANCE REMOVAL.
The removal and disposal of an abandoned vessel under the direction
of an on-scene coordinator appointed under the National Contingency
Plan developed under section 311 of the Federal Water Pollution Control
Act (33 U.S.C. 1321) shall be deemed to be a removal action under such
section for purposes of section 9509 of the Internal Revenue Code of
1986.
SEC. 4. USES OF OIL SPILL LIABILITY TRUST FUND.
(a) In General.--Section 1012(a) of the Oil Pollution Act of 1990
(33 U.S.C. 2712(a)) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5)(D), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) the payment of costs associated with the collection
and disposal of an abandoned vessel, including a derelict
vessel, by the President if--
``(A) such collection and disposal is determined to
be in the public interest by the Federal Government, a
State, or an Indian tribe; and
``(B) a determination that the vessel is abandoned
is made by the Commandant of the Coast Guard in
accordance with section 4711 of title 46, United States
Code.''.
(b) Costs of Collection and Disposal of Abandoned or Derelict
Vessels.--
(1) Cumulative costs.--The cumulative cost for the
collection and disposal of abandoned vessels, including
derelict vessels, described in section 1012(a)(6) of the Oil
Pollution Act of 1990 (as added by subsection (a)) in a
calendar year shall be deemed to be a single incident for
purposes of section 9509 of the Internal Revenue Code of 1986.
(2) Liability.--The owner of any abandoned vessel,
including a derelict vessel, collected and disposed of using
funds from the Oil Spill Liability Trust Fund pursuant to
section 1012(a)(6) of the Oil Pollution Act of 1990 (as added
by subsection (a)) shall be liable to the United States for the
costs of such collection and disposal and such costs shall be
deemed to be amounts described in section 9509(b)(2) of the
Internal Revenue Code.
(c) Conforming Amendment.--Section 9509(f) of the Internal Revenue
Code of 1986 is amended by inserting before the period at the end ``,
except with respect to section 1012(a)(6) of the Oil Pollution Act of
1990''.
SEC. 5. REQUIREMENTS FOR PURCHASING FEDERALLY AUCTIONED VESSELS.
(a) In General.--Chapter 571 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 57112. Requirements for purchasing federally auctioned vessels
``(a) In General.--To be eligible to purchase a covered vessel from
the Federal Government, a person shall provide proof of--
``(1) liability insurance for the operator of such covered
vessel;
``(2) proof of financial resources sufficient to cover
maintenance costs of such covered vessel; and
``(3) with respect to a covered vessel requiring
documentation under chapter 121, an admiralty bond or
stipulation.
``(b) Definition.--In this section, the term `covered vessel'
means--
``(1) a government-owned vessel disposed of in accordance
with this part and section 548 of title 40;
``(2) a vessel seized or forfeited pursuant to any law, and
auctioned by the Federal Government, including a vessel seized
or forfeited pursuant to section 7301 or 7302 of the Internal
Revenue Code of 1986; and
``(3) a fishing vessel seized or forfeited pursuant to
section 310 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1860).''.
(b) Clerical Amendment.--The analysis for chapter 571 of title 46,
United States Code, is amended by adding at the end the following:
``57112. Requirements for purchasing federally auctioned vessels.''.
SEC. 6. REMOVAL OF OBSTRUCTIVE OR ABANDONED VESSELS.
(a) In General.--Section 19 of the River and Harbor Act of March 3,
1899 (33 U.S.C. 414), is amended--
(1) by striking by striking ``Sec. 19. (a) That whenever''
and inserting the following:
``SEC. 19. VESSEL REMOVAL BY SECRETARY OF THE ARMY.
``(a) Removal of Obstructive Vessels.--
``(1) In general.--That whenever'';
(2) in subsection (b)--
(A) by striking ``described in this section'' and
inserting ``described in this subsection''; and
(B) by striking ``under subsection (a)'' and
inserting ``under paragraph (1)'';
(3) by striking ``(b) The owner'' and inserting the
following:
``(2) Liability of owner, lessee, or operator.--The
owner''; and
(4) by adding at the end the following:
``(b) Removal of Abandoned Vessel.--
``(1) In general.--The Secretary of the Army is authorized
to remove from the waters of the United States any abandoned
vessel or any vessel under the control of the United States by
reason of seizure or forfeiture pursuant to any law, that does
not obstruct the navigation of such waters, if--
``(A) such removal is determined to be in the
public interest by the Federal Government, a State, or
an Indian tribe; and
``(B) in the case of a vessel that is not under the
control of the United States by reason of seizure or
forfeiture, the Commandant of the Coast Guard makes a
determination that the vessel is abandoned in
accordance with section 4711 of title 46, United States
Code.
``(2) Interagency agreements.--In removing a vessel under
this section that is under the control of the United States by
reason of seizure or forfeiture, the Secretary shall enter into
an interagency agreement with the head of the Federal
department, agency, or instrumentality that has control of such
vessel.
``(3) Liability.--The owner of any vessel described in
paragraph (1) that is not under the control of the United
States by reason of seizure or forfeiture shall be liable to
the United States for the costs of removal and disposal of such
vessel.''.
(b) Conforming Amendment.--Section 1115 of the Water Resources
Development Act of 1986 (100 Stat. 4235; 102 Stat. 4026) is repealed.
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